BILL NUMBER: AB 2909	CHAPTERED  09/24/00

	CHAPTER   596
	FILED WITH SECRETARY OF STATE   SEPTEMBER 24, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 22, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   JUNE 19, 2000
	AMENDED IN ASSEMBLY   MAY 22, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000

INTRODUCED BY   Committee on Transportation (Torlakson (Chair),
Correa, Davis, Dutra, Firebaugh, House, Leach, Longville, Margett,
Nakano, Scott, and Strom-Martin)

                        MARCH 15, 2000

   An act to repeal Title 7.7 (commencing with Section 67410) of the
Government Code, to amend Section 20301.5 of the Public Contract
Code, to amend and repeal Section 10753 of the Revenue and Taxation
Code, to amend Section 339 of the Streets and Highways Code, to amend
Section 21752 of, and to add Section 12512 to, the Vehicle Code,
relating to transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2909, Committee on Transportation.  Transportation.
   (1) Existing law authorizes the Santa Clara County Transit
District to let a design-and-build contract, as defined, for a
transit center or station, or other transit project.
   This bill would authorize the district to let a design-and-build
contract for the Fremont-South Bay Commuter Rail Project.
   (2) Existing law establishes the California Commuter and Intercity
Transit Right of Way Preservation Act, which requires the Department
of Transportation to submit a detailed survey on potential intercity
rail routes.
   This bill would repeal the California Commuter and Intercity
Transit Right of Way Preservation Act.
   (3) Existing law requires the Department of Motor Vehicles to
determine the market value of a vehicle, as specified, upon the first
sale of a new vehicle to a consumer and upon each sale of a used
vehicle to a consumer for the purpose of computing the fee under the
Vehicle License Fee Law.  Under existing law, if a commercial
vehicle, as defined, is modified or additions are made, as specified,
at a cost of $2,000 or more, the owner of that vehicle is required
to report that modification or addition to department, for the
purposes of making the specified computation.  Operative on January
1, 2001, the amount of the modification or addition that requires the
reporting will be reduced from $2,000 to $200.
   This bill would exempt trailers and semitrailers from these
requirements.  The bill would delete the January 1, 2001, operative
date and would instead continue indefinitely the $2,000 threshold
amount.
   (4) Existing law requires the California Transportation Commission
to relinquish to any city or county any portion of any state highway
within the city or county that has been deleted from the state
highway system by legislative enactment.  Those relinquishments
become effective upon the 1st day of the next calendar or fiscal
year, whichever first occurs after the effective date of the
legislative enactment.
   This bill would authorize the commission to relinquish to the City
of Covina a specified portion of State Highway Route 39, upon terms
and conditions the commission finds to be in the best interests of
the state.  The relinquishment would become effective immediately
following the commission's approval of the terms and conditions of
the relinquishment.  The portion of State Highway Route 39
relinquished as specified would cease to be a state highway on the
effective date of the relinquishment.
   (5) Existing law provides for the issuance by the Department of
Motor Vehicles of junior permits and provisional driver's licenses
for persons under the age of 18 years.
   This bill would expressly prohibit, except for the permits and
licenses described above, the issuance of a license to drive to a
person under the age of 18 years.
   (6) Existing law prohibits a vehicle from being driven to the left
side of the roadway under certain conditions, including when
approaching within 100 feet of, or when traversing, a railroad
crossing.  Existing law provides a specified penalty for driving a
vehicle in violation of those provisions relating to railroad grade
crossings.
   This bill would make a change to conform these prohibitory
provisions with the provisions imposing the specified penalty.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Title 7.7 (commencing with Section 67410) of the
Government Code is repealed.
  SEC. 2.  Section 20301.5 of the Public Contract Code is amended to
read:
   20301.5.  (a) Notwithstanding Section 20301, the district may let
a design-and-build contract for any project for a transit center or
station, transit park-and-ride lot, bus and light rail maintenance
facility, or administrative office building, or any combination of
those, upon approval by the board of directors.  The district also
may let a design-and-build contract for the Fremont-South Bay
Commuter Rail Project contained in Santa Clara County's 1996 Measure
B Transportation Improvement Program, upon approval by the board of
directors.
   (b) (1) If the board of directors elects to proceed under
subdivision (a), before entering into any contract that requires
advertising for bids for a project, the board shall cause to be
prepared estimates, and shall prepare documents, for the solicitation
of bids on a design-and-build basis.
   (2) For the purposes of this section, "design and build" means a
method of procuring design and construction from a single source.
The selection of the single source shall occur before the development
of complete plans and specifications.
   (c) The request for submission of bids shall include all of the
following:
   (1) A clear, precise description of the services to be provided
and work to be performed.
   (2) A description of the format that submittals shall follow and
the elements they shall contain, including the qualifications and
relevant experience of the design professional and the contractor,
and the criteria that shall be used in evaluating the submittal,
including the bid price.
   (3) A requirement that bidders submit their proposals with the
construction bid price and all cost information in a separate sealed
envelope.
   (4) The date on which the submittals are due, and the timetable
that will be used in reviewing and evaluating the submittals.
   (d) All submittals received prior to the closing time stated in
the request for submittal shall be reviewed to determine those that
meet the format requirements and the standards specified in the
request for submittal.
   (e) The contract shall be awarded to the lowest responsible bidder
meeting the standards of the request for submittal.
   (f) For the purposes of this section, selections of design
professionals shall meet the standards set forth in Chapter 10
(commencing with Section 4525) of Division 5 of Title 1 of the
Government Code.
   (g) This section shall apply only to a project that is under the
supervision of a licensed general building contractor, as defined in
Section 7057 of the Business and Professions Code.
  SEC. 3.  Section 10753 of the Revenue and Taxation Code, as amended
by Section 14 of Chapter 724 of the Statutes of 1999, is amended to
read:
   10753.  (a) Upon the first sale of a new vehicle to a consumer and
upon each sale of a used vehicle to a consumer, the department shall
determine the market value of the vehicle on the basis of the cost
price to the purchaser as evidenced by a certificate of cost, but not
including California sales or use tax or any local sales,
transactions, use, or other local tax.  "Cost price" includes the
value of any modifications made by the seller.
   (b) Notwithstanding subdivision (a), the department shall not
redetermine the market value of used vehicles, or modify the vehicle
license fee classification of used vehicles determined pursuant to
Section 10753.1 or 10753.2, when the seller is the parent,
grandparent, child, grandchild, or spouse of the purchaser, and the
seller is not engaged in the business of selling vehicles subject to
registration under the Vehicle Code, or when a lessor, as defined in
Section 372 of the Vehicle Code, transfers title and registration of
a vehicle to the lessee at the expiration or termination of a lease.

   (c) (1) In the event any commercial vehicle is modified or
additions are made to the chassis or body at a cost of two thousand
dollars ($2,000) or more, but not including any change of engine of
the same type or any cost of repairs to a commercial vehicle, the
owner of the commercial vehicle shall report any modification or
addition to the department and the department shall classify or
reclassify the commercial vehicle in its proper class as provided in
Section 10753.1 or 10753.2, taking into consideration the increase in
the market value of the commercial vehicle due to those
modifications or additions, and any reclassification resulting in
increase in market value shall be based on the cost to the consumer
of those modifications or additions.  In the event any vehicle is
modified or altered resulting in a decrease in the market value
thereof of two hundred dollars ($200) or more as reported to and
determined by the department, the department shall classify or
reclassify the vehicle in its proper class as provided in Section
10753.1 or 10753.2.
   (2) Paragraph (1) does not apply under any of the following
conditions:
   (A) When the cost of any modification or addition to the chassis
or body of a commercial vehicle is less than two thousand dollars
($2,000).
   (B) When the cost is for modifications or additions necessary to
incorporate a system approved by the State Air Resources Board as
meeting the emission standards set forth in subdivisions (a) and (b)
of former Section 39102 and former Section 39102.5 of the Health and
Safety Code as they read on December 31, 1975.
   (C) When the cost is for modifications that are necessary to
enable a disabled person to use or operate the vehicle.
   (3) For purposes of this subdivision, "commercial vehicle" means a
"commercial vehicle," as defined in Section 260 of the Vehicle Code,
that is regulated by the Department of the California Highway Patrol
pursuant to Sections 2813 and 34500 of the Vehicle Code.
   (d) This section also applies to a system as specified in
subdivision (c) that is approved by the State Air Resources Board as
meeting the emission standards specified in subdivisions (a) and (b)
of former Section 39102 and former Section 39102.5 of the Health and
Safety Code as they read on December 31, 1975, for vehicles 6,001
pounds or less, manufacturer's gross vehicle weight, controlled to
meet exhaust emission standards when sold new, when that system is
used in any vehicle over 6,001 pounds or any vehicle 6,001 pounds or
less not controlled to meet exhaust emission standards.
   (e) The temporary attachment of any camper, as defined in Section
243 of the Vehicle Code, to a vehicle is not a modification or
addition for the purposes of subdivision (c).
   (f) The attachment to a vehicle of radiotelephone equipment
furnished by a telephone corporation, as defined in Section 234 of
the Public Utilities Code, is not a modification or addition for the
purpose of subdivision (c), when that equipment is not owned by the
owner of the vehicle.
   (g) For purposes of this section, "vehicle" does not include
trailers or semitrailers.
  SEC. 4.  Section 10753 of the Revenue and Taxation Code, as amended
by Section 15 of Chapter 724 of the Statutes of 1999, is repealed.

  SEC. 5.  Section 339 of the Streets and Highways Code is amended to
read:
   339.  Route 39 is from:
   (a) Route 1 near Huntington Beach to Route 72 in La Habra via
Beach Boulevard.
   (b) Beach Boulevard to Harbor Boulevard in La Habra via Whittier
Boulevard.
   (c) Whittier Boulevard in La Habra to Route 2 via Harbor Boulevard
to the vicinity of Fullerton Road, then to Azusa Avenue, Azusa
Avenue to San Gabriel Canyon Road, San Gabriel Avenue southbound
between Azusa Avenue and San Gabriel Canyon Road, and San Gabriel
Canyon Road.
   The department shall not assume maintenance of any portion of
Route 39 until that portion has been constructed or reconstructed to
the minimum state highway standards established pursuant to Sections
81 and 2109.
   (d) Notwithstanding subdivision (c), the portion of Route 39 that
is within the city limits of the City of Azusa, except that portion
that is north of post mile 17, shall cease to be a state highway when
the department and the City of Azusa reach agreement on the terms of
the relinquishment of that portion of Route 39 to that city.  The
terms of the relinquishment agreement shall require that any lump-sum
payment from the department to the City of Azusa be deposited by
that city in a special account and used solely for improvements on
Azusa Avenue and San Gabriel Avenue in the City of Azusa.
   (e) (1) Notwithstanding subdivision (c), the commission may
relinquish to the City of Covina the portion of Route 39 that is
located within the city limits of that city, upon terms and
conditions the commission finds to be in the best interests of the
state.
   (2) A relinquishment under this subdivision shall become effective
immediately following the commission's approval of the terms and
conditions of the relinquishment.
   (3) On and after the effective date of the relinquishment, both of
the following shall occur:
   (A) The portion of Route 39 relinquished under this subdivision
shall cease to be a state highway.
   (B) The portion of Route 39 relinquished under this subdivision
may not be considered for future adoption under Section 81.
  SEC. 6.  Section 12512 is added to the Vehicle Code, to read:
   12512.  Except as provided in Sections 12513, 12514, and 12814.6,
no license to  drive shall be issued to a person under the age of 18
years.
  SEC. 7.  Section 21752 of the Vehicle Code is amended to read:
   21752.  No vehicle shall be driven to the left side of the roadway
under the following conditions:
   (a) When approaching or upon the crest of a grade or a curve in
the highway where the driver's view is obstructed within such
distance as to create a hazard in the event another vehicle might
approach from the opposite direction.
   (b) When the view is obstructed upon approaching within 100 feet
of any bridge, viaduct, or tunnel.
   (c) When approaching within 100 feet of or when traversing any
railroad grade crossing.
   (d) When approaching within 100 feet of or when traversing any
intersection.
   This section shall not apply upon a one-way roadway.
